ORDER OF THE EUROPEAN UNION CIVIL SERVICE TRIBUNAL

(Third Chamber)

2 July 2014

Case F‑62/12

Gian Andrea Bandieri

v

European Aviation Safety Agency (EASA)

(Civil service — Preliminary issues — Objection of inadmissibility — Delegation of powers conferred on the authority authorised to conclude contracts of employment — Action against the delegating authority — Act complained of not attributable to the defendant — Manifest inadmissibility)

Application:      under Article 270 TFEU, in which Mr Bandieri seeks, essentially, annulment of the proposal of 14 November 2011 by which the European Commission determined, at his request, the number of additional years of pensionable service in the Union pension scheme resulting from the transfer of pension rights he had acquired in the Italian pension scheme.

Held:      The action is dismissed as manifestly inadmissible. Mr Bandieri is to bear his own costs and is ordered to pay the costs incurred by the European Aviation Safety Agency.

Summary

Actions brought by officials — Status of defendant — European Aviation Safety Agency — Delegation of powers conferred on the authority authorised to conclude contracts of employment — Action against the delegating authority — Inadmissibility

(Staff Regulations, Art. 91a)

Any actions relating to the areas in which Article 2(2) of the Staff Regulations has been applied must be made against the institution to which the appointing authority entrusted with the exercise of powers is answerable.

In so far as the European Aviation Safety Agency (EASA) has delegated to the Office for the Administration and Payment of Individual Entitlements (PMO) the powers of appointing authority or authority authorised to conclude contracts of employment with regard to the transfer of pension rights of EASA staff, an action against the EASA concerning a decision adopted in that area by the PMO is manifestly inadmissible.

(see paras 19-21, 25)

See:

judgment in Hall v Commission and CEPOL, F‑22/12, EU:F:2013:202, para. 25